BURLINGTON, VT – Judge Navah C. Spero here Monday in Chittenden County Superior Court ordered the immediate pretrial release of a homeless man charged with disorderly conduct, after the man’s failure to appear in a previous hearing, possibly due to health and communication issues.
Judge Spero scheduled the accused to appear back in court this Friday with hopes of resolving this case.
Deputy Public Defender William Kidney noted the court case missed by the accused was a status conference, where a warrant was put out for the accused – he has been in jail for four days as of Monday.
According to DPD Kidney, the failure to appear was because of the lack of communication since the accused’s belongings, including his phone, had recently been stolen.
DPD Kidney explained the accused “has been homeless for 40 years now, sleeping outside, as well as being in and out of the hospital.”
Kidney said being unhoused for as long as the accused has been has taken a significant toll on the man’s physical health, pointing to a bone infection in the unhoused man’s feet caused from over-exposure to rain, hindering him from appearing in court.
Judge Spero acknowledged the accused’s communication and health challenges at hand, setting release of the accused for Monday, as well as scheduled a quick return date for another hearing to ensure the accused can appear despite health and communication matters.
Although Judge Spero granted the release of the accused, she set a condition of release that the accused must appear in front of the court Friday, stating, “Your case will most likely be resolved completely on Friday.”
